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(영문) 수원지방법원 2019.11.21 2019노5441
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, who is a police officer, committed an act of pressure by the victim, committed an act of pressure by the victim, and was only disadvantaged the victim’s chest, it cannot be readily concluded that there exists a causal relationship between the Defendant’s act and the injury, even if the victim suffered injury, such as the diversification of a cage cage cage at approximately four weeks of treatment.

Nevertheless, the court below found the Defendant guilty of the facts charged of injury. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Fully considering the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, proximate causal relation between the Defendant’s harmful act and the injury suffered by the victim is recognized.

1) The victim stated in the court of the court below that "at the time of the instant case, the Defendant was satisfed several times by hand, and satisfed with pains from the next day, and was satisfed with pains. At the time of the instant case, the victim was satisfed with pains at the hospital. The following day after the day of the instant year’s annual leave due to permanent absence and personnel movement, which did not have any conditions to immediately go to the hospital, and was diagnosed as satisfy, etc. of the 4 weeks of treatment, and the victim was diagnosed as a satfs at the satfs, etc. of the satfs, which require four weeks of treatment." No circumstance was found to suspect the credibility of the statement. 2) The victim stated that the Defendant was satisfying on the chest from the time of the police’s statement at the immediately after the instant case’s

(No. 42, 49 pages 3) The Defendant pushed the victim's chest due to a considerable strength that the victim's body was protruding or that the victim's body was pushed down (if the trial record was 49-50 pages and its degree of force, his physical characteristics are different depending on the person's physical characteristics.

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